Revamping the Legal Landscape: Proposed Amendments to the Evidence and British-Era IPC in Lok Sabha

The British legal system will be abolished. Union Home Minister Amit Shah tabled measures to update the Lok Sabha's three basic statutes, which have been in effect for 163 years, on August 11, the final day of the monsoon session. The sedition legislation, which will be introduced in a new form, will undergo the most significant revision.

 The Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Evidence Act are the three measures in question.

 Now, several parts and clauses will alter. There are 511 sections in the IPC, leaving 356. 175 parts will be updated. 22 streams will stop, and 8 new ones will be introduced. Likewise, CrPC will save 533 parts. 160 streams will be altered, 9 new streams added, and 9 streams discontinued

From the time of questioning to the end of the trial, video conferences will be allowed, something they weren't before.

The trial court will now have to provide every judgement within a maximum of three years, which is the largest change. In the nation, there are 5 crore open cases. 4.44 crore of these cases are being heard in trial courts. Similarly, 5,850 of the 25,042 available judgeships in district courts are unfilled.

 The legislative committee will review all three of the legislation. It will thereafter be approved by the Lok Sabha and the Rajya Sabha.

First, let's talk about the three statutes that were altered.

 

 

 

 

The Bharatiya Sakshya Bill, 2023 will take the place of the Indian Evidence Act of 1872.

  

The Bharatiya Nagarik Suraksha Sanhita, 2023, will supersede the CrPC of 1973.

The IPC, which the British drafted in 1860, has served as the cornerstone of the nation's criminal justice system for more than 160 years.In 2023, the Bharatiya Nyaya Sanhita will take its place.

Recognize three major changes...

The term "treason" will emerge if the word "treason" from the British era is eliminated. restrictions and provisions. Any act against the nation, whether spoken or written, or expressed by signs, pictures, or technological means, is now punishable by imprisonment for a term of seven years to life under Section 150. It would be unlawful to put the country's sovereignty and unity under danger. terrorism is also defined. Currently, sedition is punished by three years to life in prison under Section 124A of the IPC.

Community Punishment: 1000 rupees or 24 hours in jail for first-time minor offenses (drunken riot, theft under 5000). A fine or community service may be required as the penalty. They are now imprisoned for such offenses. Such a statute exists in the US and UK.

Death sentence is an option for mob lynching. If five or more persons commit murder on the basis of caste, creed, or language, a minimum term of seven years or the death penalty will be imposed. There is still no established legislation. Section 302, lines 147–148, is the action section.

Charge sheet due 180 days from now, ruling 30 days following trial

The charge sheet must be submitted by the police within 90 days. It will be subject to a 90-day extension by the court. However, the inquiry must be finished and filed to court within a maximum of 180 days. The court will have 30 days following the trial to render its decision. Within a week, the decision must be posted online. Summary trials will be sufficient in circumstances where the sentence is less than three years. Cases at the sessions court will decrease by 40% as a result. The conviction rate should increase to 90%.

Only a small portion of sentence waivers are used for political purposes; the government has introduced a new rule to prohibit this. Only life imprisonment and life imprisonment for seven years can be substituted for the death penalty. As a result, those with political clout will be unable to evade the law. Without consulting the victim, the government will be unable to remove cases with sentences of 7 years or longer.

Zero FIR: 

Will be able to file a FIR from any location in the nation. It will also get more streams. Sections have not yet been added to zero FIR. Within 15 days, a zero FIR must be delivered to the relevant police station. Every district's police officer will issue a certificate to the family of an arrested individual stating that they are in charge of the arrested person. Information must be provided both in person and online.

Here is a new part about getting married and having a relationship with a lady when she is masking her identity: Sexually abusing a woman by promising her a marriage, a job, a promotion, or by concealing her identity will now be illegal.

From the FIR through the verdict, everything is online: The entire system would be digitized and paperless, from validating digital documents to filing a FIR and receiving a court ruling. Search and seizure operations will be captured on camera. Forensic science will provide the foundation for the inquiry and study. The forensic team will unquestionably visit the scene of offenses that carry a sentence of at least seven years. By 2027, every court will be electronic.

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Additionally, changes have been made.

The penalty for buying a voter in an election is one year in jail. After serving one-third of the complete sentence in jail, a first-time offender will be given bail. Even if the declared criminal does not flee, the trial can still go forward. Dawood-type offenders' trials will be a possibility. To bring civil workers to justice, permission must be granted within 120 days.

Learn all you need to know from the pros.

1.Justification for why new laws were required

Despite the adoption of the Constitution, the criminal justice system was still regulated by rules from the British Empire that date back to two centuries. It was regarded as slave labor in colonies. The Jan Vishwas Bill was approved by the government to exclude numerous economic-related issues from the reach of criminal law. In this case, it makes sense to introduce the law for this reform in the nation's 75th year of independence.

2. Will be released from the stress of legal proceedings

The number of court cases now pending exceeds five billion. 3.33 crore of the 4.44 crore cases that are still outstanding at the district and taluka levels are criminal matters. The number of prosecutions might be decreased by new criminal measures for less serious violations like community service.

3. When and how do these laws take effect?

All three legislation have been forwarded to the Parliament's Standing Committee. Sedition-related laws have drawn criticism from the Supreme Court. In the new laws, stricter rules have been imposed. Contradictions on these matters may exist within the committee. The bill would be withdrawn after the Lok Sabha's current session if the committee's report is not submitted before then. On this, though, a consensus may be achieved if the government so chooses.

4. The reason these adjustments were contested

The IPC and other legislation' section numbers being changed would cause confusion among attorneys and judges. Some are referring to the proposed law in this circumstance as a new cover for an old file. To prevent unfair trials and police abuses, there are no real and effective safeguards. A clear roadmap for making swift decisions in situations is absent. Following the new law, the police and judiciary will require more personnel, and it will be necessary to upgrade the infrastructure..

How effective are the state's new laws?

The administration asserts that prior to presenting the measure, considerable opinion research was conducted. Law and order and the police are considered state matters in accordance with the Seventh Schedule of the Constitution. Before changes to criminal laws are enacted, there must be a significant national discussion on the Uniform Civil Code through the Law Commission and consultation with the states.

Government planning: these modifications have taken place following 4 years of debate

The public has also offered ideas for these laws, according to the government, which also cited 18 states, 6 union territories, the Supreme Court, 22 High Courts, judicial institutions, 142 MPs, and 270 MLAs. The administration has tabled the measure following 158 meetings and four years of deliberation. The first meeting for these modifications took place in September 2019 in room G-74 of Parliament House's Library. During Corona, there was little development made in this area.